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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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Felix v Abbey


Felix the Foccer
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I filed a claim at MoneyClaimOnline against the Abbey for £1500 worth of unfair charges (plus 8% interest).

 

Abbey have since filed a (what I guess is pretty standard) defence.

 

The Abbey wrote to me a while back and put £35 as a goodwill gesture into my account,to which I wrote back declining their £35 offer and authorising them to remove it from my account etc, at the same time offering them the alternative of settling my claim in full etc.

 

On 15th May 07, Northampton County Court transferred the case to my local County Court. In the notes I have received from Northampton CC, it says:

 

Without hearing

 

IT IS ORDERED THAT:-

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.**

 

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

 

Can anyone tell me what this means in effect? Is it standard-ish?

 

Do I have to pay another fee?? (I've already paid £120 on the Moneyclaim fee)

 

Will I receive a letter from the local County Court next ...? And how long is usual to wait etc?

 

Sorry for all the questions. I'm grateful for any advice you can give.

 

Many thanks,

 

Felix

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  • 1 month later...

ok, I now have a court date in September 07, I didn't need to file an AQ.

 

I'm considering

 

a) Sending a letter to the court asking for a Draft order for Directions to be made, in the hope that the case will be struck out ... (I've prepared this from this post (and others) http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html

 

b) sending a nudge letter to the Abbey legal Team, as below, asking them:

 

Dear Sir or Madam,

 

Re: 'Felix' – v – Abbey National Plc

Account no: xxxxxxx

Claim no xxxxxxx. Filing date xx/xx/07

 

I am writing you today in a further effort to ask you to consider my claim. I am most disappointed that you have not even acknowledged my previous correspondence.

 

I have been notified that the Allocation Questionnaire is being dispensed with in this case and that it has been transferred to xxxxxxx County Court. I have written to you in the past, asking for you to consider my claim and reply to me. I have heard nothing. Were this to come before a judge, it is obvious who is making any and all attempts at resolution.

 

It is my feeling that you seem to have no intention of defending this claim in court and are simply procrastinating.

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx as full and final settlement of this particular claim..(rounded down to nearest pound and including your total claim including aq fee ). (Plus daily rate if applicable and you included it in your claim. Ie. accept the sumof £xxxx plus £x.xx per day from the date I filed the claim until the date it is resolved)I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

Please find enclosed another copy of my schedule of charges relating to this claim.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole heartedly approve of our settling this matter in a timely manner and without their further intervention. I look forward to hearing from you.

 

Yours faithfully,

 

Any thoughts? or shall I not bother with the second one and press on with the Draft Order of Directions, in the hope that the case will be struck out?

 

Thanks in advance.

 

Felix

 

Edit: 6:25pm --- ok, I couldn't resist, and I thought it was pointless asking them again (apart form making me look good), so have gone for the application for their defence to be struck out ... will post my little bundle off first thing in the morning ... :)

PS. A big thanks to everyone for all the helpful information so far too!

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Go for your life with both of them.

 

I'd make sure though that the one you send to the court is a letter as if it's anything else they may think you're trying to get an application through without paying. Use the wording from the Abuse Order and the Directions stuff but make it seem like a letter for the judge to consider.

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Thanks Rob - I'm gonna pop that in the post this morning!

 

In regard to 'Terms & Conditions', I have been with the Abbey for nigh on 18 years I think.

 

Do I need the specific 'Terms and Conditions' from the exact time I opened the account?

 

And if not, which ones should I use in any bundle?

 

(Thanks in advance - again!) :)

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Felix, instead of the New strategy for AQ, use the Abuse of process which incorporates all this, it is in a sticky at the top of the thread

 

JMHO

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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If you've got T & C from when you opened the account, use them because Abbey might say that you accepted those conditions when you opened the account. They have simply updated them to reflect market trends etc since then, the underlying premise is still the same, you accepted them. Still no probs but at least you'll have the exact terms available.

 

If you haven't got them, try the evidence requests, see if anybody can help.

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